Private investor: The CFI reminds the conditions of application of the 1999 guidelines on State aid for rescuing and restructuring firms in difficulty and applies the private investor test for participation and guarantees granted to enterprises in difficulty (Kahla/Thüringen Porzellan)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CFI, 24 September 2008, Kahla/Thüringen Porzellan GmbH v. Commission, Case T-20/03 Adopting a very conventional approach, the Court of First Instance agreed with the Commission on the application of the 1999 rescue and restructuring guidelines (Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ 1999 C 288, p. 2) - the facts at issue had to be judged in the light of that former version of the guidelines). For a company to qualify, it must be a 'firm in difficulty' and there must be a sound restructuring plan which can justify the granting of aid to support such companies. This analysis has been followed in the very